Leo N. Levitt and Ruth G. Levitt - Page 62

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          charge of the offices there; (iii) that Chemical Traders and                
          Polymer were legitimate businesses that bought and sold products            
          under their own names; (iv) that secrecy was not the reason he              
          wrote checks to cash, and cashier's checks to withdraw funds from           
          the Polymer and Chemical Traders accounts; (v) that Levenson                
          suggested the Polymer scheme; and (vi) that he never stopped at             
          Levenson's house to have Levenson sign blank checks.  Petitioner            
          testified that petitioner Ruth Levitt was an original subscriber            
          of Welev stock.  However, the corporate minutes show that she was           
          not.  Finally, petitioner testified that he had nothing to do               
          with preparing Ruth Levitt's income tax return for 1986.                    
          However, Ruth Levitt testified that he always handled their tax             
          returns and that she never participated in preparing income tax             
          returns.                                                                    
               4.   Petitioners' Contentions                                          
               Petitioners contend that petitioner's concealment in 1986 of           
          the Welev transaction is not relevant to proving that petitioner            
          committed fraud for the tax years in issue because it occurred              
          after the years in issue.  We do not consider petitioner's acts             
          of concealment in 1986 in deciding the fraud issue.  However, we            
          consider the fact that petitioner used Resyn to pay for Welev               
          during the years in issue but did not report the amounts that               
          Resyn paid.                                                                 
               Petitioners contend that the fact that Philbin never saw               
          petitioner involved in Resyn's bookkeeping or instructing anyone            




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